Human rights activist Okiya Omtatah has moved to court to challenge a decision by the Independent Electoral and Boundaries Commission (IEBC) to ban members of public from accessing the polling stations after voting.
Mr Omtatahis contesting a requirement by IEBC that voters should stay at least 400 meters from polling stations after voting.
The activist in a petition filed before Busia High Court Judge Kiarie Waweru argued that the order by the polls body was illegal and unconstitutional.
Judge Kiarie on Wednesday directed that the matter be filed under a certificate of urgency and be mentioned in Bungoma before the Duty Judge for further directions on Thursday.
Addressing the media shortly after the Court session, Mr Omtatah noted that stopping members of the public from accessing the polling centers would prevent them from participating in the counting, tallying and the announcement of results.
Last month, IEBC issued an announcement to all members of public directing that after voting a distance of approximately 400 meters from the polling station should be maintained.
The commission noted that the move was aimed at minimizing interference with the operations at the different stations.
“The jurisdiction of the IEBC at the polling center is 400 meters so voters will come vote and leave the 400-metre area, so as to not interfere with the operations. Whatever happens outside the 400 meters, that is outside our jurisdiction.
"I believe Kenyans will follow the law and will not cause any fracas out there because that is where those other agencies come in,” IEBC stated in a past statement.
